Threat of Court Action by DCA?

Esoog

Greetings all, this carries on from; https://forums.moneysavingexpert.com/discussion/2493819 , basically having made a F&F offer today we have received a letter that says;

"legal action will be taken against you if you do not pay immediately....CCJ may affect you....following legal action and the entry of judgement the following action may be taken:

1. Charging order against property
2. Attachment to your earnings
3. Visit by County Court Baliff to seize goods.....

YOU HAVE SEVEN DAYS FROM RECEIPT OF THIS LETTER TO AVOID LEGAL ACTION BY SENDING PAYMENT TODAY"



Now, I'm assuming they weren't too impressed with the fact they I suggested they were incompetent by sending three different replies to my F&F offer...anyway, what should our next step be? Obviously we don't have £3k stashed away.

Tixy

Is this a real DCA do you know? or a inhouse bank DCA?

It sounds like they won't accept a F&F at the moment. Have you been making any payments towards this debt recently?
Have you offered a monthly repayment proposal at any point saying what you can afford each month?

Out of interest does it actually say "legal action WILL be taken"?

Esoog

Its an inhouse for a bank, not offered monthly payments yet - was hoping for the F&F to be accepted (it actually was in one letter)
& yes it does say WILL not MAY.

Tixy

Others might advise differently so check back later for further advice but I would suggest that maybe you write in response to this letter to offer to set up a monthly repayment plan.
Then once you have been paying it for a few months revisit the idea of a F&F.

Just a thought - how long since any payment was made on this debt (by either of the joint holders?) - just wondering if it is about to come up to being statute barred which is why they are so keen to go down the court route.

Esoog

Alas its not that, its a joint account overdraft, it's only been a year or so since it stopped being used.

Esoog

bump ;d ...

DarkConvict

I agree with Tixy, they didn't bite on the F&F offer so go back to paying in instalment. Once your into the realms of defaulted accounts you can't stop them deciding to go for a CCJ, although a judge is unlikely to grant it unless they can show the person is not making payments or the creditor has good reason to secure the debt.

Try the F&F offer in another 6-12 months. The older the account the more likely they will accept, they judge it on how much do they expect to get paid and how quickly. if it takes to long and you can't afford it F&F offer is good for them, if its too long and they think you can afford it they go for a CCJ so a judge looks at your income and sets the monthly figure. Only if you miss payments can bailiffs get involved.

Esoog

(from yesterday but battery died halfway through typing)

My partner spoke to BLS this afternoon (have been previously communicating only via letter), they were actually quite "nice", she re-made the F&F offer verbally (£1500 for £3000 balance) which was declined - although they may accept £1950 for anyone interested in the figures - partner said she was not willing to pay that much and so it would have to be monthly installments. Obviously this is where the fact she is dealing with a inhouse (bank) company is useful because they know exactly how much money she has coming in and out - so they said much to my suprise they would settle for £5 a month for a year, after that it will be reviewed.

So, BLS are actually quite amiable really in my experience. Should really have spoken to them in the first place as it appears letters can go to different people prompting different responses.

newdad1

I have received a claim form from a county court about a debt to a DCA. I have been paying the DCA for some time and over the last 3 years they have steadily increased my monthly payment which I have been happy to agree to. The monthly amount got to £50 pm so I asked for a statement as the original debt was only £1100 but I received nothing I also asked for the agreement and got nothing so I cancelled the DD back in Dec 09. I have now received this claim form from the court claiming £399 from the DCA. I desperately dont want a CCJ but feel Im due at least a statement and an official agreement, however I only have 5 days to respond to court and dont want to say the wrong thing and end up with a CCJ, can anyone help